Dillard v. Bank of New York

Full title: VICKI DILLARD, Plaintiff, v. THE BANK OF NEW YORK, as Successor to JP…

Court: United States District Court, D. Colorado

Date published: Dec 21, 2010

Civil Action No. 09-cv-03008-WYD-BNB (D. Colo. Dec. 21, 2010)

Opinion

Civil Action No. 09-cv-03008-WYD-BNB.

December 21, 2010

ORDER

BOYD BOLAND, Magistrate Judge

This matter arises on:

(1) The Bank of New York's Motion to Dismiss [Doc. # 18, filed 3/18/2010] (the "Motion to Dismiss") which seeks dismissal of the action for insufficiency of service of process; and

(2) Defendant's Status Report [Doc. # 35, filed 12/21/2010].

The plaintiff has been granted leave to proceed in forma pauperis and has requested that service of process be made by the United States Marshal. Response [Doc. # 21, filed 3/30/2010] at ¶ 13. In view of these facts, the defendant has agreed to waive service of process and to withdraw the Motion to Dismiss.

IT IS ORDERED that the Motion to Dismiss [Doc. # 18] is DENIED without prejudice as withdrawn.

Dated December 21, 2010.